#THE LAND PORTS AUTHORITY OF INDIA ACT, 2010 
______________ 

##ARRANGEMENT OF SECTIONS 
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###CHAPTER I 

###PRELIMINARY 

SECTIONS 

1. Short title and commencement. 
2. Definitions. 

###CHAPTER II 

###THE LAND PORTS AUTHORITY OF INDIA 

3. Constitution of Authority. 
4. Disqualification for office of member. 
5. Term of office and conditions of service of members. 
6. Vacation of office of members. 
7. Eligibility of member for re-appointment. 
8. Meetings. 
9. Vacancies, etc., not to invalidate proceedings of Authority. 
10. Officers and other employees of Authority. 

###CHAPTER III 

###FUNCTIONS OF AUTHORITY 

11. Functions of Authority. 
12. Responsibilities and powers of other agencies. 

###CHAPTER IV 

###PROPERTY AND CONTRACT 

13. Assets and liabilities to vest in Authority. 
14. General effect of vesting of undertakings in Authority. 
15. Guarantee to be operative. 
16. Compulsory acquisition of land for Authority. 
17. Contracts by Authority. 
18. Mode of executing contracts on behalf of Authority. 

###CHAPTER V 

###FINANCE, ACCOUNTS AND AUDIT 

19. Power of Authority to charge fees, rent, etc. 
20. Additional capital and grant to Authority by Central Government. 
21. Fund of Authority and its investment. 
22. Allocation of surplus funds. 
23. Submission of programme of activities and financial estimates. 
24. Borrowing powers of Authority. 
25. Accounts and audit. 

###CHAPTER VI 

###MISCELLANEOUS 

26. Submission of annual report. 
27. Delegation. 
28. Authentication of orders and other instruments of Authority. 
29. Officers and employees of Authority to be public servants. 
30. Protection of action taken in good faith. 
31. Custody and disposal of lost property. 
32. Power of Central Government to supersede Authority. 
33. Power of Central Government to issue directions. 
34. Power to make rules. 
35. Power to make regulations. 
36. Rules, regulations and notifications to be laid before Parliament. 
37. Power to remove difficulties. 


 
#THE LAND PORTS AUTHORITY OF INDIA ACT, 2010 

##ACT NO. 31 OF 2010 

[31st August, 2010.] 

An  Act  to  provide  for  the  establishment  of  the  Land  Ports  Authority  of  India  to  put  in  place 
  systems  which  address  security  imperatives  and  for  the  development  and  management  of 
  facilities for cross border movement of passengers and goods at designated points along the 
  international borders of India and for matters connected therewith or incidental thereto. 

  BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:— 

###CHAPTER I 

###PRELIMINARY 

1. **Short title and commencement.**—(1) This Act may be called the Land Ports Authority of India 
Act, 2010. 

(2) It  shall  come  into  force  on  such  date as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, appoint, and different dates may be appointed for different provisions of this Act, and 
any reference in any such provision to the commencement of this Act shall be construed as a reference to 
the coming into force of that provision. 

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

  (a) “Authority” means the Land Ports Authority of India constituted under section 3; 

  (b) “Chairperson”  means  the  Chairperson of the Authority appointed under clause (a) of 
sub-section (3) of section 3; 

  (c) “immigration check post” means any port or place of departure on the land as notified under 
the Foreigners' Act, 1946 (31 of 1946); 

  (d) “integrated check post” means any land port, as the Central Government may, by notification 
in the Official Gazette, specify; 

  (e) “land  customs  station”  means  any  place  notified  as  such  by  the  Central  Government  under 
clause (b) of sub-section (1) of section 7 of the Customs Act, 1962 (52 of 1962) for the clearance of 
goods imported or to be exported by land or inland water; 

  (f) “land port” means an area on the international borders of India including portions of national 
highways, State highways and other roads, notified as land customs station or immigration check post 
under the Customs Act, 1962 (52 of 1962) or the Foreigners' Act, 1946 (31 of 1946), and includes 
railways,  with  facilities  for  clearance  and  transport  of  passengers  and  goods  across  the  borders  of 
India; 

  (g) “notification” means a notification published in the Official Gazette; 

  (h) “prescribed” means prescribed by rules made under this Act; and 

  (i) “regulations” means regulations made by the Authority under this Act. 

###CHAPTER II 

###THE LAND PORTS AUTHORITY OF INDIA 

3. **Constitution of Authority.**—(1) With effect from such date as the Central Government may, by 
notification  in the  Official Gazette, appoint,  there  shall  be  constituted  an  Authority  to  be  known  as  the 
Land Ports Authority of India. 

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a 
common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property 
both movable and immovable, and to contract and shall by the said name sue and be sued. 

(3) The Authority shall consist of— 

  (a) a Chairperson; 

  (b) two Members, out of whom one shall be Member (Planning and Development) and other shall 
be Member (Finance); 

  (c) not  more  than  nine  members,  ex  officio,  to  be  appointed  by  the  Central  Government  from 
amongst  the  officers,  not  below  the  rank  of  the  Joint  Secretary  to  the  Government  of  India, 
representing  the  ministries  or  departments  of  the  Government  of  India  dealing  with  Home  Affairs, 
External  Affairs,  Revenue,  Commerce,  Road  Transport  and  Highways,  Railways,  Defence, 
Agriculture and Cooperation, Law and Justice; 

  (d) the Chief Secretary or his nominee not below the rank of the Secretary to the Government of 
the respective State where the integrated check posts are located; 

  (e) two representatives, one of whom shall be from recognised bodies of workers and the other 
shall be from traders, to be appointed by the Central Government; and 

  (f) such other representatives as the Central Government may co-opt for functional purposes. 

(4) The  Chairperson  and  the  members  referred  to  in  clause  (b)  shall  be  appointed  by  the  Central 
Government and shall be whole-time members. 

(5) The  Chairperson  shall  be  chosen  from  among  persons  who  have  special  knowledge  and 
experience in the field of security, transport, industry, commerce, law, finance or public administration. 

4. **Disqualification for office of member.**—A person shall be disqualified for being appointed as a 
member if, he— 

  (a) has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the 
Central Government, involves moral turpitude; or 

  (b) is an undischarged insolvent; or 

  (c) is of unsound mind and stands so declared by a competent court; or 

  (d) has  been  removed  or  dismissed  from  the  service  of  the  Government  or  a  body  corporate 
owned or controlled by the Government; or 

  (e) has in the opinion of the Central Government such financial or other interest in the Authority 
as is likely to affect prejudicially the discharge by him of his functions as a member. 

5. **Term of office and conditions of service of members.**—(1) Subject to the provisions of section 6, 
every whole-time member shall hold office for a period of five years from the date on which he assumes 
office or till he attains the age of sixty years, whichever is earlier: 

Provided that the Central Government may— 

  (a) terminate the appointment of any whole-time member, after giving him notice of a period of 
not  less  than  three  months  or,  in  lieu  thereof,  on  payment  of  an  amount  equal  to  his  salary  and 
allowances, if any, for a period of three months; 

  (b) terminate at any time the appointment of any member who is a servant of the Government. 

(2) The other conditions of service of the members shall be such as may be prescribed. 

(3) Any  member  may  resign  his  office  by  giving  notice  in  writing  for  such  period  as  may  be 
prescribed, to the Central Government and, on such resignation being notified in the Official Gazette by 
that Government, such member shall be deemed to have vacated his office. 

6. **Vacation of office of members.**—The Central Government shall remove a member if, he— 

  (a) becomes subject to any of the disqualifications mentioned in section 4: 

  Provided  that  no  member  shall  be  removed  on  the  ground  that  he  has  become  subject  to  the 
disqualification  mentioned  in  clause  (e)  of  that  section,  unless  he  has  been  given  a  reasonable 
opportunity of being heard in the matter; or 

  (b) refuses to act or becomes incapable of acting; or 

  (c) is,  without  obtaining  leave  of  absence  from  the  Authority,  absent  from  three  consecutive 
meetings of the Authority; or 

  (d) in  the  opinion  of  the  Central  Government,  has  so  abused  his  position  as  to  render  his 
continuance in office detrimental to the public interest: 

  Provided  that  no  member  shall  be  removed  under  this  clause  unless  he  has  been  given  a 
reasonable opportunity of being heard in the matter. 

7. **Eligibility of member for re-appointment.**—Any  person  ceasing  to  be  a  member  shall,  unless 
disqualified under section 4, be eligible for re-appointment. 

8. **Meetings.**—(1) The Authority shall meet at such times and places, and shall observe such rules of 
procedure in regard to the transaction of business at its meetings (including the quorum at such meetings) 
as may be provided by regulations. 

(2) The Chairperson, or, if for any reason, he is unable to attend any meeting of the Authority, any 
other member chosen by the members present at the meeting shall preside at the meeting. 

(3) All questions which come up before any meeting of the Authority shall be decided by a majority 
of the votes of the members present and voting, and in the event of an equality of votes, the Chairperson, 
or in his absence the person presiding, shall have and exercise a second or casting vote. 

9. **Vacancies,  etc.,  not  to  invalidate  proceedings  of  Authority.**—No  act  or  proceeding  of  the 
Authority shall be invalid merely by reason of— 

  (a) any vacancy in, or any defect in the constitution of, the Authority; or 

  (b) any defect in the appointment of a person acting as a member of the Authority; or 

  (c) any irregularity in the procedure of the Authority not affecting the merits of the case. 

10. **Officers and other employees of Authority.**—(1) For the  purpose  of enabling it to  efficiently 
discharge  its  functions  under  this  Act,  the  Authority  shall  appoint  such  number  of  officers  and  other 
employees as it may consider necessary: 

  Provided that the appointment of such category of officers, as may be specified, shall be subject to the 
approval of the Central Government. 

(2) Every officer or other employee appointed by the Authority shall be subject to such conditions of 
service and shall be entitled to such remuneration as may be determined by regulations. 

###CHAPTER III 

###FUNCTIONS OF AUTHORITY 

11. **Functions of Authority.**—(1)  Subject  to  the  provisions  of  this  Act,  the  Authority  shall  have 
powers to develop, sanitize and manage the facilities for cross border movement of passengers and goods 
at designated points along the international borders of India. 

(2) Without prejudice to the generality of the provisions contained in sub-section (1), the Authority 
may— 

  (a) put in place systems, which address security imperatives at the integrated check posts on the 
border; 

  (b) plan,  construct  and  maintain  roads,  terminals  and  ancillary  buildings  other  than  national 
highways, State highways and railways, at an integrated check post; 

  (c) plan,  procure,  install  and  maintain  communication,  security,  goods  handling  and  scanning 
equipment at an integrated check post; 

  (d) provide  appropriate  space  and  facilities  for  immigration,  customs,  security,  taxation 
authorities, animal and plant quarantine, warehouses, cargo and baggage examination yards, parking 
zones,  banks,  post  offices,  communication  facilities,  tourist  information  centres,  waiting  halls, 
canteen, refreshment stalls, public conveniences, health services and such other services, as may be 
deemed necessary; 

  (e) construct residential buildings for its employees as well as residential accommodation for staff 
deployed at integrated check posts; 

  (f) establish and maintain hotels, restaurants and restrooms; 

  (g) establish and maintain warehouses, container depots and cargo complexes for the storage or 
processing of goods; 

  (h) arrange  for  postal,  money  exchange,  insurance  and  telephone  facilities  for  the  use  of 
passengers and other persons at integrated check posts; 

  (i) make  appropriate  arrangements  for  the  security  of  integrated  check  posts  and  provide  for 
regulation and control of movement of vehicles, entry and exit of passengers and goods in accordance 
with the respective law concerning them; 

  (j) ensure  prevention  and  control  of  fire  and  other  hazards  and  other  facilities  as  deemed 
necessary; 

  (k) regulate  and  control  the  movement  of  vehicles,  and  the  entry  and  exit  of  passengers, 
transportation workers, handling agents, clearing and forwarding agents and goods at the integrated 
check post with due regard to the law, security and protocol of the Government of India; 

  (l) co-ordinate and facilitate the working of agencies who have been engaged to undertake various 
activities at the integrated check posts, in accordance with the respective law, for the time being in 
force; 

  (m) develop  and  provide  consultancy,  construction  or  management  services,  and  undertake 
operations in India and abroad in relation to an integrated check post; 

  (n) form one or more companies under the Companies Act, 1956 (1 of 1956) or under any other 
law relating to companies for efficient discharge of the functions imposed on it by this Act; 

  (o) take all such steps as may be necessary or expedient for, or may be incidental to, the exercise 
of any power or the discharge of any function conferred or imposed on it by this Act: 

  Provided that sovereign functions of the Authority shall not be assigned to any private entity; 

  (p) set up joint ventures for the discharge of any of the functions assigned to the Authority; and 

  (q) undertake any other activity at the integrated check post in the best commercial interests of the 
Authority. 

(3) In  the  discharge  of  its functions  under  this  section,  the  Authority  may  consult  such  ministry  or 
department of the Government of India or of the State Government as it deems necessary, and shall have 
due  regard to  the  development  of  land  port services  and  to  the  efficiency,  economy  and  safety  of  such 
service. 

(4) Nothing contained in this section shall be construed as— 

  (a) authorising the disregard by the Authority of any law for the time being in force; or 

  (b) authorising any person to institute any proceeding in respect of duty or liability to which the 
Authority or its officers or other employees would not otherwise be subject to. 

12. **Responsibilities and powers of other agencies.**—(1) The respective border guarding forces 
deployed at the borders of India shall be responsible for security around an integrated check post. 

(2) The Authority may, whenever considered necessary so to do for ensuring the peace and security at 
an integrated check post, seek the assistance of armed force, Central para military force or State police as 
per the provisions of the law for the time being in force. 

(3) The Customs, immigration, quarantine and other officials shall co-ordinate with the Authority for 
the effective discharge of its functions. 

(4) Notwithstanding  anything  contained  in  any  provisions  of  this  Act,  the  Customs,  immigration, 
quarantine  officials,  the  border  guarding  forces  and  the  police  shall  discharge  their  functions  in 
accordance with the law for the time being in force. 

###CHAPTER IV 

###PROPERTY AND CONTRACT 

13. **Assets and liabilities to vest in Authority.**—(1) On the date of notification issued under 
clause  (d)  of  section  2,  all  such  assets,  rights,  powers,  authorities  and  privileges  and  such  property 
movable  and  immovable,  real  or  personal,  corporeal  or  incorporeal,  present  or  contingent,  of  whatever 
nature,  including  lands,  buildings,  machinery,  equipments,  works,  workshops,  cash  balances,  capital, 
reserves,  reserve  funds,  investments,  tenancies,  losses  and  book  debts  and  all  other  rights  and  interests 
arising out of such property, as immediately before the issue of that notification, were in the ownership or 
possession of the Government of India in any of the land port, as the Central Government may, in such 
notification,  specify,  shall  vest  in  the  Authority  and  such  vesting  shall  also  be  deemed  to  include  all 
borrowings, liabilities and obligations of whatever kind then subsisting. 

(2) The notification under sub-section (1) shall be issued only after the concurrence of the concerned 
ministries  or  departments  of  the  Government  of  India,  in  case  where  such  properties  are  owned  or 
controlled by such ministries or departments. 

14. **General  effect  of  vesting  of  undertakings  in  Authority.**—All contracts,  agreements  and 
working  arrangements  subsisting  immediately  before  the  date  of  notification  issued  under clause (d)  of 
section 2, and affecting the land ports shall be of full force and effect as regards the Authority. 

15. **Guarantee to be operative.**—Any guarantee given for or in favour of land customs stations or 
immigration check posts with respect to a loan, lease or finance shall continue to be operative in relation 
to such stations or check posts which have been vested in the Authority by virtue of this Act. 

16. **Compulsory acquisition of land for Authority.**—Any  land  required  by  the  Authority  for  the 
discharge of its functions under this Act shall be deemed to be needed for a public purpose and such land 
may be acquired for the Authority under the provisions of the National Highways Act, 1956 (48 of 1956) 
or any other law for the time being in force. 

17. **Contracts by Authority.**—Subject  to  the  provisions  of  section  18,  the  Authority  shall  be 
competent to enter into and perform any contract necessary for the discharge of its functions under this 
Act. 

18. **Mode of executing contracts on behalf of Authority.**—(1)  Every  contract  on  behalf  of  the 
Authority,  shall  be  made  by  the  Chairperson  or  such  officer  of  the  Authority  as  may  be  generally  or 
specially  empowered  in  this  behalf  by  the  Authority  and  such  contracts  as  may  be  specified,  in  the 
regulations, shall be sealed with the common seal of the Authority: 

  Provided that no contract exceeding such value or amount as the Central Government may, by order 
fix in this behalf, shall be made unless it has been previously approved by the Central Government: 

  Provided further that no contract for the acquisition or sale of immovable property or for the lease of 
any such property for a term exceeding thirty years and no other contract exceeding such value or amount 
as the Central Government may, by order fix in this behalf, shall be made unless it has been previously 
approved by the Central Government. 

(2) Subject to the provisions of sub-section (1), the form and manner in which any contract shall be 
made under this Act shall be such as may be provided by regulations. 

(3) Any  contract  which  is  not  in  accordance  with  the  provisions  of  this  Act  and  the  rules  and 
regulations made thereunder shall not be binding on the Authority. 

###CHAPTER V 

###FINANCE, ACCOUNTS AND AUDIT 

19. **Power of Authority to charge fees, rent, etc.—The Authority may, determine and charge such 
fees or rent, not being a statutory levy under any other Act, as may be provided by regulations, separately 
for each integrated check post,— 

  (a) for  the  cargo  handling,  warehousing,  parking  of  trucks  or  for  any  other  service  or  facility 
offered in connection with transport operations; 

  (b) for the parking of passenger vehicles and other amenities given to the passengers and visitors; 
and; 

  (c) for the availing of facilities and other services provided by the Authority. 

20. **Additional capital and grant to Authority by Central Government.**—The  Central 
Government may, after the appropriation made by Parliament by law in this behalf,— 

  (a) provide any capital that may be required by the Authority for the discharge of its functions 
under  this  Act  or  for  any  purpose  connected  therewith  on  such  terms  and  conditions  as  that 
Government may determine; 

  (b) pay to the Authority, on such terms and conditions as the Central Government may determine, 
by way of loans or grants such sums of money as that Government may consider necessary for the 
efficient discharge of its functions under this Act. 

21. **Fund of Authority and its investment.**—(1) The Authority shall establish its own fund and all 
receipts of the Authority shall be credited thereto and all payments by the Authority shall be made there 
from. 

(2) The Authority shall have the power, subject to the provisions of this Act, to spend such sums as it 
thinks fit to cover all administrative expenses of the Authority or for purposes authorised by this Act and 
such sums shall be treated as expenditure out of the fund of the Authority. 

(3) All  moneys  standing  at  the  credit  of  the  Authority  which  cannot  immediately  be  applied  as 
provided in sub-section (2), shall be— 

  (a) deposited  in  the  State  Bank  of  India  or  any  such  scheduled  bank  or  banks  or  other  public 
financial institutions subject to such conditions as may, from time to time, be specified by the Central 
Government; 

  (b) invested in the securities of the Central Government or in such manner as may be prescribed. 

*Explanation.*— In this sub-section, “scheduled bank” has the same meaning as in clause (e) of 
section 2 of the Reserve Bank of India Act, 1934 (2 of 1934). 

22. **Allocation of surplus funds.**—(1) The Authority may, from time to time, set apart such amounts 
as it thinks fit, as a reserve fund or funds for the purpose of expanding existing facilities or services or 
creating new facilities or services at any integrated check post or increase of expenditure from transient 
causes  or  for  purposes  of  replacement  or  meeting  expenditure  arising  from  loss  or  damage  due  to  any 
natural calamity or accident or meeting any liability arising out of any act of omission or commission in 
the discharge of its functions under this Act: 

  Provided  that  the  Authority  shall  also  have  the  power  to  establish  specific  reserves  for  specific 
purposes: 

  Provided further that the sums set apart annually in respect of each or any of the specific and general 
reserves and the aggregate at any time of such sums  shall not exceed such limits as may, from time to 
time, be fixed in that behalf by the Central Government. 

(2) After  making  provision  for  such  reserve  fund  or  funds  and  for  bad  and  doubtful  debts, 
depreciation in assets and all other matters which are usually provided for by companies registered and 
incorporated under the Companies Act, 1956 (1 of 1956), the Authority shall pay the balance of its annual 
net profits to the Central Government. 

23. **Submission of programme of activities and financial estimates.**—The Authority shall, before 
the commencement of each financial year prepare a statement of the programme of its activities during 
the  forthcoming  financial  year  as  well  as  financial  estimate  in  respect  thereof  and  submit  it  for  the 
approval of the Central Government. 

24. **Borrowing powers of Authority.**—(1)  The  Authority  may,  with  the  consent  of  the  Central 
Government or in accordance with the terms of any general or special authority given to it by the Central 
Government, borrow money from any source by the issue of bonds, debentures or such other instruments as it may 
deem fit for discharging all or any of its functions under this Act. 

(2) The Central  Government  may  guarantee  in  such  manner  as  it  thinks  fit,  the  repayment  of  the 
principal and the payment of interest thereon with respect to the loans taken by the Authority under sub-
section (1). 

(3) Subject to such limits as the Central Government may, from time to time, lay down, the Authority 
may borrow temporarily by way of overdraft or otherwise, such amount as it may require for discharging 
its functions under this Act. 

25. **Accounts and audit.**—(1)  The  Authority  shall  maintain  proper  accounts  and  other  relevant 
records and prepare an annual statement of accounts including the profit and loss account and the balance 
sheet in such form as may be prescribed by the Central Government in consultation with the Comptroller 
and Auditor-General of India. 

(2) The accounts of the Authority shall be audited annually by the Comptroller and Auditor-General 
of India and any expenditure incurred by him in connection with such audit shall be reimbursed to him by 
the Authority. 

(3) The  Comptroller  and  Auditor-General  of  India  and  any  person  appointed  by  him  in  connection 
with the audit of the accounts of the Authority shall have the same rights and privileges and authority in 
connection with such audit as the Comptroller and Auditor-General has in connection with the audit of 
Government accounts and, in particular shall have the right to demand the production of books, accounts, 
connected vouchers, documents and papers and inspect any of the offices of the Authority. 

(4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any 
other  person  appointed  by  him  in  this  behalf  together  with  the  audit  report  thereon  shall  be  forwarded 
annually  to  the  Central  Government  and  that  Government  shall  cause  the  same  to  be  laid  before  both 
Houses of Parliament. 

###CHAPTER VI 

###MISCELLANEOUS 

26. **Submission of annual report.**—(1) The Authority shall, as soon as may be, after the end of each 
financial year, prepare and submit to the Central Government in such form as may be prescribed, a report 
giving an account of its activities during that financial year and the report shall also give an account of the 
activities which are likely to be undertaken by the Authority during the next financial year. 

(2) The Central Government shall cause such report to be laid before both Houses of Parliament, as 
soon as may be, after it is submitted. 

27. **Delegation.**—The  Authority  may,  by  general  or  special  order  in  writing,  delegate  to  the 
Chairperson  or  any  other  member  or  to  any  officer  of  the  Authority,  subject  to  such  conditions  and 
limitations,  if  any,  as  may  be  specified  in  the  order,  such  of  its  powers  and  functions  under  this  Act 
(except the powers under section 35), as it may deem necessary. 

28. **Authentication of orders and other instruments of Authority.**—All orders and decisions of the 
Authority shall be authenticated by the signature of the Chairperson or any other member authorised by 
the Authority in this behalf and all other instruments executed by the Authority shall be authenticated by 
the signature of an officer of the Authority authorised by it in this behalf. 

29. **Officers  and  employees of Authority to be public servants.**—All officers and  employees  of 
Authority shall, while acting or purporting to act in pursuance of the provisions of this Act or of any rule 
or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the 
Indian Penal Code (45 of 1860). 

30. **Protection of action taken in good faith.**—No suit, prosecution or other legal proceeding shall 
lie against the Authority or any member or any officer or other employee of the Authority for anything 
which is in good faith done or intended to be done in pursuance of this Act or of any rule or regulation 
made thereunder. 

31. **Custody and disposal of lost property.**—Subject to such regulations as the Authority may make 
in this behalf, the Authority shall provide for securing the safe custody and restoration of any property 
which,  while  not  in  proper  custody,  is  found  on  any  premises  belonging  to  the  Authority  or  under  its 
overall control. 

32. **Power of Central Government to supersede Authority.**—(1) If, at any time, the Central 
Government is of opinion— 

  (a) that on account of a grave emergency, the Authority is unable to discharge the functions and 
duties imposed on it by or under the provisions of this Act; or 

  (b) that  the  Authority  has  persistently  defaulted  in  complying  with  any  direction  issued  by  the 
Central Government under this Act or in the discharge of the functions and duties imposed on it by or 
under the provisions of this Act and as a result of default the financial position of the Authority or the 
administration of an integrated check post has deteriorated; or 

  (c) that circumstances exist which render it necessary in the public interest so to do, 

the  Central  Government  may,  by  notification  in  the  Official  Gazette,  supersede  the  Authority  for  such 
period, not exceeding six months, as may be specified in the notification: 

Provided that before issuing a notification under this sub-section for the reasons mentioned in clause 
(b), the  Central  Government  shall  give  a  reasonable opportunity  to  the  Authority  to  show cause  why  it 
should not be superseded and shall consider the explanations and objections, if any, of the Authority. 

(2) Upon the publication of a notification under sub-section (1) superseding the Authority,— 

  (a) all the members shall, as from the date of supersession, vacate their offices as such; 

  (b) all  the  powers,  functions  and  duties  which  may,  by  or  under  the  provisions  of  this  Act,  be 
exercised  or  discharged  by  or  on  behalf  of  the  Authority,  shall  until  the  Authority  is  reconstituted 
under  sub-section  (3),  be  exercised  and  discharged  by  such  person  or  persons  as  the  Central 
Government may direct; and; 

  (c) all  property  owned  or  controlled  by  the  Authority  shall,  until  the  Authority  is  reconstituted 
under sub-section (3), vest in the Central Government. 

(3) On  the  expiration  of  the  period of supersession specified in the notification issued under 
sub-section (1), the Central Government may,— 

  (a) extend the period of supersession for such further term not exceeding six months, as it may 
consider necessary, or 

  (b) reconstitute the Authority by fresh appointment and in such case the members who vacated 
their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: 

Provided  that  the  Central  Government  may,  at  any  time  before  the  expiration  of  the  period  of 
supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, 
take action under clause (b) of this sub-section. 

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of 
any  action taken  under  this  section and the  circumstances  leading  to such  action  to  be laid  before both 
Houses of Parliament in the immediate subsequent session of Parliament. 

33. **Power of Central Government to issue directions.**—(1)  Without  prejudice  to  the  foregoing 
provisions of this Act, the Authority shall, in the discharge of its functions and duties under this Act, be 
bound by such directions on questions of policy as the Central Government may give in writing to it from 
time to time: 

  Provided  that  the  Authority  shall,  as  far  as  practicable,  be  given  opportunity  to  express  its  views 
before any direction is given under this sub-section. 

(2) The decision of the Central Government whether a question is one of policy or not shall be final. 

(3) The Central Government may, from time to time, issue directions to the Authority regarding the 
discharge of any functions by it under the clauses of sub-section (2) of section 11 and the Authority shall 
be bound to comply with such directions. 

34. **Power to make rules.**—(1) The Central Government may, by notification in the Official Gazette, 
make rules for carrying out the provisions of this Act. 

(2) In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 
provide for— 

  (a) the other conditions of service of members of the Authority under sub-section (2) of section 5; 

  (b) the period of notice as may be given by any member to resign his office under sub-section (3) 
of section 5; 

  (c) the manner in which the Authority may invest the funds under clause (b) of sub-section (3) of 
section 21; 

  (d) the form in which the annual statement of accounts shall be prepared by the Authority under 
sub-section (1) of section 25; 

  (e) the form in which a report giving an account of its activities shall be prepared and submitted 
by the Authority to the Central Government under sub-section (1) of section 26; and 

  (f) any other matter which is to be, or may be, prescribed. 

35. **Power to make regulations.**—(1) The Authority may, with the previous approval of the Central 
Government,  make  regulations  not  inconsistent  with  this  Act  and  the  rules  made  thereunder  for  the 
purpose of giving effect to the provisions of this Act. 

(2) Without prejudice to the generality of the foregoing power, such regulations may provide for— 

  (a) the  time  and  places  of  meetings  of  the  Authority  and  the  procedure  to  be  followed  for 
transaction of business including the quorum at such meetings under sub-section (1) of section 8; 

  (b) the  conditions  of  service  and  the  remuneration  of  officers  and  other  employees  to  be 
appointed by the Authority under sub-section (2) of section 10; 

  (c) the contracts which are to be sealed with the common seal of the Authority under sub-section 
(1), and the form and manner in which a contract may be made by the Authority under sub-section (2) 
of section 18; 

  (d) the fees and rent to be charged by the Authority under sub-section (1) of section 19; 

  (e) the  custody  and  restoration  of  lost  property  and  the  terms  and  conditions  under  which  lost 
property may be restored to the persons entitled thereto under section 31. 

36. **Rules, regulations and notifications to be laid before Parliament.**—Every rule  and  every 
regulation  made  or  notification  issued  under  this  Act  shall  be  laid,  as  soon  as  may  be  after  it  is  made, 
before  each  House  of  Parliament,  while  it  is  in  session,  for  a  total  period  of  thirty  days  which  may  be 
comprised in one session or in two or more successive sessions, and if, before the expiry of the session 
immediately following the session or the successive sessions aforesaid, both Houses agree in making any 
modification in the rule, regulation or notification, as the case may be, or both Houses agree that the rule, 
regulation  or  notification,  as  the  case  may  be,  should  not  be  made  or  issued,  the  rule,  regulation  or 
notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; 
so,  however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously done under that rule, regulation or notification. 

37. **Power to remove difficulties.**—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by general or special order published in the Official Gazette, make 
such  provisions  not  inconsistent  with  the  provisions  of  this  Act  as  appear  to  it  to  be  necessary  or 
expedient for the removal of the difficulty: 

  Provided that no such order shall be made after the expiry of a period of two years from the date of 
the commencement of this Act. 

(2) Every order made under this section shall as soon as may be after it is made, be laid before each 
House of Parliament. 